Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40298 of 2019 Applicant :- Rajkumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Mohd. Irfan, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Ms. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Rajkumar, Mukesh, Kamal and Soljar alleging that on 27.4.2019 at 8 p.m. Kamal assaulted Rajendra with knife, he received one incised wound injury on right side of abdomen, resultantly died. Blood stained knife used in the crime was recovered at the pointing out of accused Kamal.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against all accused persons except accused Kamal. Main role of assault was assigned to co-accused Kamal and blood stained knife used in the crime was also recovered at the pointing out of co-accused Kamal. The case of applicant is distinguishable from co-accused Kamal. Nothing was recovered from the possession of applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 28.4.2019 (near about five months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Rajkumar involved in Case Crime No. 207 of 2019, under Sections 302, 323, 504, 34 IPC, Police Station Milak, District Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.9.2019 A. Singh